- Created by: Ellen Stickland
- Created on: 07-04-15 17:49
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an arrest was necessary. He said that the fact of the arrest would operate against him in his employment.
Held: The arrest was unlawful. ‘The missing element in the trilogy of prerequisites of a lawful arrest is c); that the arresting officer had reasonable grounds for believing that in order…